C ONFLICT R ESOLUTION (C HAPTER 3) Negotiation- when 2 parties reach an agreement Mediation- when a 3 rd party helps reach an agreement between conflicting parties Arbitration- when a 3 rd party makes a decision between conflicting parties (legally binding) Litigation- conflicting parties take their dispute to court

J URISDICTION - THE RIGHT FOR A COURT TO HEAR AND DECIDE A CASE Original jurisdiction- court that has the right to try a case first (ex. Trial Court) General jurisdiction- court that hears many types of cases (ex. Essex County Courthouse) Limited jurisdiction- court that is restricted in the types of cases it can hear (ex. Livingston Municipal Court) Special jurisdiction- court that hears only one type of case (ex. Divorce court, juvenile court)

J URISDICTION CONT ’ D : Long arm statute- the right for a court to reach over state lines and bring a defendant back for trial Change of venue- granted by a judge who believes the jury pool may be tainted

I NQUISITORIAL S YSTEM The judge(s) active in questioning and investigating Known as a Bench Trial (no jury) Examples include: Court of Appeals Judge Judy Pros Cons Gets to the truth Subject to corruption Expertise in Law

A DVERSARY S YSTEM The judge acts as a referee between two opposing parties (Prosecution v. Defense) Trial by a jury Pros Cons Impartial jury of peersJurors are amateurs in the face of law Jurors can be influenced by media Jury does not give reasons for decision

P RE -T RIAL S TEPS IN A C RIMINAL C ASE Indictment- formally charged with a crime Arraignment Hearing- judge reads the charges to the defendant and defendant enters a plea (guilty or not guilty): – Releases the defendant on own recognizance (ROR) Or – Sets bail if a flight risk Or – Sends back to jail if a danger to society

P RE -T RIAL S TEPS IN A C RIMINAL C ASE Discovery phase- the time allotted for both parties to collect evidence, question witnesses and prepare for trial Deposition- sworn testimony under oath by all parties involved. Can be used in court during trial

J URY S ELECTION How are we chosen? Voter registrations DMV records Utility company lists

J URY S ELECTION Who is eligible? U.S. citizens 18+ Resident of the county Read & Write “Of sound mind” Who is ineligible? Convicted felon Lacking any/all of the above

J URY S ELECTION Who is temporarily excused? Legal custody of minors under 10 Student Temporary physical, mental impairment Financial hardship Reminder: an employer can not discriminate against an employee serving on jury duty

J URY S ELECTION P ROCESS Known as “Voir Dire”- To speak the truth; Questioning of potential jurors Challenge for Cause- removal of a potential juror with a valid reason (unlimited amount) Peremptory Challenge- removal of a potential juror without a valid reason (usually 3-5 challenges for each side)

S TEPS IN A T RIAL Opening statements by Prosecution Opening statements by Defense Direct Examination by Prosecution – (all prosecution witnesses) Cross Examination by Defense – (all prosecution witnesses) Motion to Dismiss- may be requested by defense stating the prosecution failed to prove guilt

S TEPS IN A T RIAL CONT ’ D Direct Examination by Defense – (all defense witnesses) Cross Examination by Prosecution – (all defense witnesses) Closing Arguments by Prosecution Closing Arguments by Defense Jury Deliberation Verdict